IN THE CASE OF: 
BOARD DATE: 21 November 2022 
DOCKET NUMBER: AR20220004512 

APPLICANT REQUESTS: correction of her records to overturn the decision which led to her disenrollment from the Reserve Officers’ Training Corps (ROTC) program. 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
. 
DD Form 149 (Application for Correction of Military Record) 

. 
Self-Authored Statement 

. 
Congressional Liaison and Inquiries (CLI) Letter, 28 December 2021 

. 
Exhibit A – ROTC Disenrollment Memorandum, 22 December 2020 

. 
Exhibit B – Cadet Command (CC) Form 131-R, 10 October 2020 

. 
Exhibit C – Medical Records (28 pages) 

. 
Exhibit D – DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) 

. 
Exhibit E – Title IX Investigative Report Index (Only) 

. 
Exhibit F – Authorization for Release of Information 

. 
Exhibit G – Freedom of Information Act (FOIA) Request Form 

. 
Exhibit H – Response to FOIA Request with Attachments 

. 
Exhibit I – Medical Records (75 pages) 


FACTS: 
1. The applicant states she is seeking a review of her records which led to the determination of discharge from the ROTC program. 
a. 
On 22 December 2020, she was notified by letter (Exhibit A) of her disenrollment from the ROTC program. The letter indicated she was ineligible to commission or enlist in the Armed Forces. The reason for her disenrollment was identified as “a disqualifying medical condition of history of mood disorder.” She formally disagrees with the decision and wishes to appeal as identified on Cadet Command Form 131-R (Exhibit B) Section 

V. 
She wishes to challenge the determination of mood disorder as it is not documented, nor was she formally diagnosed until October 2020. Her medical records further support her diagnosis by GHS (Exhibit C) of post-traumatic stress disorder (PTSD). 

b. 
On 6 September 2019, she signed a contract (Exhibit D) to enter the ROTC program at UWL because she had a desire to serve her country, enhance her 


education, learn the qualities of a great leader. She was sexually assaulted by a fellow senior ROTC cadet two months into the program, and she filed an incident report which initiated an investigation on 6 February 2020 (Exhibit E – only title page and table of contents provided). She notified her commander, Lieutenant Colonel (LTC) of the investigation and per his request, she completed an Authorization for Release of Information (Exhibit F) on 7 February 2020 to provide him with access to the investigation. She subsequently received notification on 10 October 2020 that "the appropriate medical authority [would] review [her] medical files to determine if [she was] medically qualified or disqualified for retention." 
c. 
The applicant was uncertain of the requirements for gaining access to the documents reviewed in the medical determination and she submitted a FOIA request (Exhibit G) on 27 July 2021. She received documents (Exhibit H) in response to her FOIA request; however, some of the information was redacted. The documents disclosed the applicant’s "Mood Disorder does not meet retention or commission criteria with any history of suicide attempts and/or gestures." She was uncertain if the “COL, , Commanding,” was qualified to render a medical opinion in her case because the information was redacted due to confidentiality with the FOIA. She is also uncertain if all of the required documents were properly reviewed and weighed fairly. In the documents she provided (Exhibit I), the medical records indicated she was brought in due to suicidal concerns following her sexual assault by another ROTC student. It was apparent the events were negatively impacting the applicant’s mood and functionality. Additional medical documentation also noted she denied suicidal ideations after recent self-injurious behavior and excess alcohol consumption. The ROTC cadet that assaulted the applicant was now her superior, as the student was later hired. 

d. 
Her “mood disorder” was formally diagnosed ten months after the sexual assault by a fellow ROTC cadet that later became a superior in her chain of command. There is no record available to her as to how the medical documentation identifying the sexual assault on her mental health was considered in the ROTC determination as to her medical fitness. While there is medical evidence that she provided to ROTC during the medical review that supports her mental health was greatly impacted by the event, there is no entry by her Commanding Officer, who was aware of the situation, that pointed out the incident that led to her actions and should have been included with the medical determination. The applicant finds it hard to believe that she was barred from reentering the service in any capacity with any branch and the cadet that assaulted her was hired. Medical professionals understood the mental health toll this took on her; however, when the information was presented to ROTC for consideration, they determined that the victim of a sexual assault was deemed unfit for continued service. 


2. The applicant provides: 
a. 
A letter from CLI, dated 28 December 2021, notified the applicant’s representative of the requirements for a review before the Army Board for Correction of Military Records (ABCMR). 

b. 
An ROTC memorandum (Exhibit A), dated 22 December 2020, notified the applicant after careful review of her case, she was being disenrolled for a disqualifying medical condition of history of mood disorder; however, it was not due to failure to disclose. 

c. 
A CC Form 131-R (Exhibit B) signed by the applicant and the Professor of Military Science (PMS) on 10 October 2020, for the request of a medical determination due to mental health treatment. 

d. 
Her medical records (Exhibit C -28 pages) for treatment received at GDH on 7 October 2020 through 8 October 2020 following her transfer from the emergency room where she was hospitalized for vague suicidal statements and multiple self-inflicted cuts. The applicant indicated she was anxious, feeling stressed, and overwhelmed following the sexual assault. She was diagnosed with PTSD and recommended for after care therapy, among other discharge instructions. 

e. 
The applicant executed a DA Form 597-3 (Exhibit D), 6 September 2019, to receive a 4-year ROTC scholarship for the period 3 September 2019 through 11 December 2021. By signing this contract, she agreed to receive scholarship benefits, including tuition and fees, books, laboratory expenses, and monthly subsistence, in exchange for appointment as a Reserve officer in the Army upon successful completion of all academic, military, and other requirements of the Army ROTC Program. 

f. 
Part II (Agreement of Scholarship Cadet Contracting Into the Senior ROTC Program) states: "I hereby agree to the following:” 


(1) 
Paragraph 2f(1) (Medical and Physical Fitness Standards) states: " I agree to maintain eligibility for enrollment and retention n ROTC and commissioning, as defined by statute, Army regulation, and this contract, throughout the period of this contract." 

(2) 
Paragraph 5d (I Agree That Pending Discharge from ROTC, I May Not Enlist) states “I may not enlist in the active Army, another military service, or in a military service academy while I am a contracted ROTC cadet unless I am properly released from my ROTC cadet status.” 

(3) 
Paragraph 8 (Release from Obligation) states: "I understand that the Secretary of the Army or his/her designee may at any time release me without notice 


from the obligations under this contract and disenroll me from the ROTC Program without further benefits hereunder if, in the opinion of the Secretary of the Army or his or her designee, it is in the best Interest of the Army." 
g. 
Paragraph 12 (Complete Agreement and Severability) further states, in part, the cadet understood the provisions in the contract contain the only binding promises by and to both parties. This agreement controls over any conflicting advice or information that [she] may have received orally or in writing from Cadet Command, [her] PMS, or the cadre, cadets or others regarding [her] obligations and agreements to the Army. 

h. 
A Title IX Investigative Report (Exhibit E) cover page and Table of Contents; however, the investigation itself is not provided. 

i. 
An Authorization for Release of Information (Exhibit F), dated 7 February 2020, shows the applicant authorized the Student Life Violence Prevention Staff to release and to receive information about her to LTC of the Military Science Department. 

m. 
A FOIA Request Form (Exhibit G), dated 27 July 2021, indicated the applicant submitted a request to receive all documentation considered as part of her disenrollment from the ROTC program. 

n. 
A Response to her FOIA Request (Exhibit H), dated 29 September 2021, notified the applicant redacted copies of the below listed documents were provided: 


(1) 
The CC Form 131-4, dated 10 October 2020, previously referenced in her list of attachments. 

(2) 
A recommendation from her PMS, dated 23 November 2020, indicated the applicant disclosed to him, a few months following the date she contracted, she had attempted suicide previously and was subsequently treated in an in-patient status for psychiatric care. She did not disclose that information when contracting and the information generated a medical determination which was now being considered. He did not recommend the applicant be deemed medically fit. He has observed and interacted with her for over a year and there have been multiple incidents that speak to her inability to thrive or processes stressors in a healthy fashion. She is often on the brink of catastrophic failure (mental health, finances, etc.) and despite individual cadet, cadre & university level involvement, [the applicant] continues to struggle. She has demonstrated a history of mental health issues and he does not believe she is able to handle the routine rigors of an Army career and certainly is not able, at this point, to confidently and capably stand in front of Soldiers. 


(3) A Medical Waiver/Determination Recommendation, dated 30 November 2020, shows the command surgeon and the applicant’s Brigade Commander both recommended disapproval. 
(4) 
A memorandum for record from the applicant, dated 16 October 2020, wherein the applicant states that in several places in her medical records provided by the Mayo Clinic, it states she attempted suicide when she was 15/16 and did not tell anyone for several years, in the context of a breakup. The applicant contents the information is false as she never even had a relationship until the age of 17 and it contradicts the information contained in her medical records. The Mayo Clinic provided her with instructions to start the process of correcting the discrepancy in her medical records. 

o. 
Her medical records (Exhibit I – 75 pages) from the Mayo Clinic for treatment received from approximately 11 June 2018 through approximately 29 October 2020. 


3. A review of the applicant’s service record shows: 
a. 
A DD Form 785 (Record of Disenrollment from Officer Candidate – Type Training) shows the applicant was disenrolled effective 6 January 2021 under the provisions of Army Regulation (AR) 145-1 due to a disqualifying medical condition of history of mood disorder. The form did not contain a signature. 

b. 
Orders 006-001, dated 6 January 2021, discharged the applicant from ROTC with an effective date of 6 January 2021. 


4. 
On 6 July 2022, the U.S. Army Criminal Investigation Division (CID) provided a response to the request for information on the applicant. CID disclosed a search of the Army criminal file indexes revealed no records pertaining to the applicant. 

5. 
By regulation (AR 145-1), cadets are ineligible for enrollment if they were discharged for the below listed reasons, not an exhaustive list (see references): 

. 
a fact or condition exists that will bar a cadet for appointment as a commissioned officer, to include a positive urinalysis for drug and alcohol abuse 

. 
inaptitude for military service as demonstrated by lack of general adaptability, skill, hardiness, ability to learn, or leadership abilities 

. 
indifferent attitude or lack of interest in military training 

. 
breach of contract 




MEDICAL REVIEW: 
a. 
The applicant is applying to the ABCMR requesting a re-consideration of the decision which led to her disenrollment from ROTC program. 

b. 
The specific facts and circumstances of the case can be found in the ABCMR Record of Proceedings (ROP). Pertinent to this advisory are the following: 

(1) 
On 22 December 2022, she was notified of disenrollment from ROTC program, identified as “a disqualifying medical condition of history of mood disorder.” She notes that mood disorder is not documented nor was she formally diagnosed until October 2020. Medical records support diagnosis of PTSD. 

(2) 
Applicant contracted into ROTC on 6 September 2019 and asserts sexual assault by a senior ROTC cade two months into the program, for which she filed an incident report on 6 February 2020. 

(3) 
An ROTC memorandum dated 22 December 2020 notified the applicant that she was being disenrolled for a disqualifying medical condition, history of mood disorder “not due to failure to disclose.” 

(4) 
Medical records for treatment on 7-8 October 2020 following her transfer from the ER where she was hospitalized for vague suicidal statements and multiple self-inflicted cuts indicate she was diagnosed with PTSD and recommended for aftercare therapy. 

(5) 
A recommendation from her PMS dated 23 November 2020 indicated the applicant had disclosed to him, a few months following the date she contracted, that she had attempted suicide previously and was subsequently treated in an inpatient status for psychiatric care; she did not disclose that information when contracting and the information generated need for a medical determination. He did not recommend the applicant be deemed medically fit. He had observed and interacted with her for over a year and noted multiple incidents that speak to her inability to thrive or process failures in a healthy fashion. 

(6) 
A medical waiver/determination dated 30 November 2020 shows command surgeon and applicant’s BDE CDR both recommended disapproval. 

(7) 
The applicant notes (16 October 2020) that several statements in her medical record from the Mayo Clinic are false, to wit she attempted suicide when she was 15/16 in the context of a break-up, and she was provided the instructions to begin process of correcting her medical records. 

(8) 
Applicant was discharged from ROTC with an effective date of 6 January 2021 per AR 145-1 due to a disqualifying medical condition, history of a mood disorder. 

(9) 
A request of US Army CID for information on the applicant revealed no records pertaining to the applicant. 



c. 
The military electronic medical record, AHLTA, was reviewed and is limited to one encounter in 2019, not mental health related. JLV contains no additional encounter 


data other than a duplicate capture of the above encounter in AHLTA. However, PTSD and history of depression are noted in the Master Problem List. 
d. 
Applicant’s extensive personal statement to the Board is reviewed and appreciated. 22 December 2020 memorandum (MG Evans) supports assertion that disqualifying medical condition “is not due to failure to a disclose.” 

e. 
Medical records 7-8 October 2020 (Gunderson Health System) indicates vague suicidal statements, overwhelmed r/t sexual assault, “Tylenol OD” in 2018. Documentation references possible alcohol concerns, “patient cut her leg in 5 places…not very severe.” Documentation also describes questioning the reliability of her reports, “she appears to make frequent contradictory statements.” She apparently denied previous attempts to end her life, but there is cited evidence of a hospitalization, suicide attempt, and chapter 51 hold in 2018; applicant “minimized that event stating ‘they let me out in like 40 hours.’” Documentation also contains references to “she has a history of a suicide attempt in 2018 by OD on ibuprofen; she was hospitalized at Generose Mayo hospital at that time for 48 hours; she did not find it helpful. She then saw a therapist for a time, and didn’t find that very helpful either.” Past psychiatric history includes references to 1 previous hospitalization and 1 prior suicide attempt. Diagnoses included in the record include Mild Alcohol Use Disorder and PTSD without dissociative symptoms. 

f. 
MFR dated 23 November 2020 from PMS indicates applicant contracted 10 September 2019 and “she disclosed to me in an unrelated conversation a few months later that she had attempted suicide previously and was subsequently treated in in­patient status for psychiatric care. She did not disclose this when contracting or on her DODMERB forms.” (Advisor’s note – DODMERB documentation not available for review). He cites various episodes of concern he has witnessed during her time in the program, and the level of resources the program has utilizes to assist her. 

g. 
MFR from the applicant dated 16 October 2020 expresses concerns about the accuracy of medical records from Mayo Clinic, citing in particular a reference in records to “hanging when she was 15/16 years old, did not tell anyone for many years, this was in the context of a relationship break up.” She asserts “This is inaccurate and impossible. I did not attempt suicide” and goes on to state that she never had a relationship until age 17. 

h. 
Mayo Clinic records dated 6 October 2020 reviewed and appreciated, it appears some of the references in the Gunderson Health System notes above are pulled directly from the history and assessment contained in this record, again citing cuts to leg, concerns about SI, suicide attempt by ibuprofen overdose in 2018, and Chapter 51 hold in 2018. This documentation does include reference to a Mood Disorder diagnosis. In addition, a 5 November 2018 Mayo Clinic note in the Department of Sports Medicine 


includes a Visit Diagnosis of Depression, Major Recurrent (from a clinical psychologist). The same diagnosis is found on notes of 26 October 2018 which expresses potential concern about her safety, and 22 October 2018 which references a hospitalization in the “Generose Mood Unit.” A 19 October 2018 Mayo Clinic (ED Psychiatry Consultation) indicates she was transported by police after she “had texted members of her soccer team that last evening she took an overdose of pills with the intent to die” also noting that she “has been dealing with depression since age 12 years old…in high school she attempted suicide by hanging herself but never disclosed this to anyone for several years.” She was diagnosed at this time with Major Depressive Disorder, recurrent episode severe without psychotic features. It appears this note is where a suicide attempt by hanging at age 15/16 is referenced and which she disputes. Additional notes regarding her history are appreciated and reviewed but are consistent with what has been summarized. 
i. 
The agency BH advisor appreciates the complexity of this case, especially given the asserted sexual assault while an ROTC cadet (which had evident impact on her psychological functioning after the event), and the applicant’s clear desire to serve her country. 

j. 
Under Kurta, she asserts history of MST and associated PTSD and there appears to be supporting data to include medical records with a diagnosis of PTSD; this assertion alone is worthy of consideration by the board. However, it appears the ultimate issue is whether there was a pre-existing condition that disqualified her from contracting into the Army ROTC program. Applicant asserts that she fully disclosed all her medical conditions at the time of her enlistment and was deemed medically fit. Although there is documentation asserting that her termination was not due to a failure to disclose per se, her PMS assert that these conditions were not disclosed upon contracting or on her DODMERB disclosures. AR 40-501 Chapter 2 references DoDI 6130.03 which in turn cites (section 5.28) history of suicidality including suicidal ideation with a plan, suicidal gesture(s) or attempt(s) as disqualifying. The reviewed medical documentation references prior suicide attempt by OD Tylenol 2018 (among others), and although applicant appears to dispute her suicidal history, it is the advisor’s assessment that she has not adequately provided evidence to the contrary. There is also evidence of treatment for a mood disorder (Major Depression) dating back to at least 2018 with significant symptoms and impairment, prior to her ROTC contracting, which would be compelling evidence of a pre-existing, medically disqualifying condition. 


BOARD DISCUSSION: 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, a medical advisory opinion, and regulatory guidance were carefully considered. The Board noted evidence of record shows treatment for a mood disorder (Major Depression) dating back to at least 2018 with significant symptoms and impairment, prior to her ROTC contracting, which would be compelling evidence of a pre-existing, medically disqualifying condition. The Board found the applicant was dis-enrolled from the ROTC program in accordance with AR 145-1 due to a disqualifying medical condition of history of mood disorder. She also indicated she understood the Secretary of the Army or his/her designee may at any time release me without notice from the obligations under this contract and disenroll me from the ROTC Program without further benefits hereunder if, in the opinion of the Secretary of the Army or his or her designee, it is in the best Interest of the Army. The Board determined evidence presented does not demonstrate the existence of a probable error or injustice to warrant relief in this case. 
BOARD VOTE: 
Mbr 1  Mbr 2  Mbr 3  
:  :  :  GRANT FULL RELIEF  
:  :  :  GRANT PARTIAL RELIEF  
:  :  :  GRANT FORMAL HEARING  
:X  :X  :X  DENY APPLICATION  

BOARD DETERMINATION/RECOMMENDATION: 
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. 
REFERENCES: 
1. Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training) prescribes policies and general procedures for administering the Army's Senior ROTC Program. 
a. Paragraph 3-16 (Reenrollment) states a cadet disenrolled from either the basic course or the advanced course may be reenrolled in the ROTC Program as provided below. Since disenrollment terminates a scholarship, reenrollment under this paragraph does not reinstate a scholarship that existed before disenrollment. Former cadets are ineligible for reenrollment if: 
(1) 
They have satisfactorily completed all portions of the program. Such applicants should be advised that they may apply for a direct commission under the provisions of Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army). 

(2) 
They were disenrolled for any of the reasons given in paragraphs 3-43a(8) through (16) listed below; or 

. 
failure to meet the requirements of the Army Weight Control Program and the Army Physical Fitness test as required of active duty 

. 
being an approved conscientious objector 

. 
being dismissed from advanced camp, receiving a recommendation not to receive credit for advanced camp or withdrawal from advanced camp for reasons other than breach of contract 

. 
a fact or condition exists that will bar a cadet for appointment as a commissioned officer, to include a positive urinalysis for drug and alcohol abuse 

. 
misconduct, demonstrated by disorderly or disrespectful conduct in the ROTC classroom or during training, or other misconduct that substantially interferes with the ROTC mission, including participation in unlawful demonstrations against the ROTC 

. 
inaptitude for military service as demonstrated by lack of general adaptability, skill, hardiness, ability to learn, or leadership abilities 

. 
undesirable character demonstrated by discreditable incidents with civil or university authorities, falsifying academic records or any forms of academic dishonesty, failure to pay just debts, or similar acts; such acts may also be characterized as misconduct 

. 
indifferent attitude or lack of interest in military training 

. 
breach of contract 



(3) 
The time between disenrollment and reenrollment is more than 3 years. A waiver may be granted for those disenrolled cadets who subsequently served on active duty and whose service is sufficiently meritorious to warrant an honorable discharge. For these, the total of the time between disenrollment and enlistment plus the time between discharge from active duty and reenrollment may not exceed 3 years. Only the period of active duty may be waived. In addition, all other enrollment eligibility requirements of this chapter must be met. Approval authority is the Commander, ROTC Cadet Command. 

b. 
Paragraph 3-43 (Disenrollment) states a non-scholarship cadet may be disenrolled by the PMS. A scholarship cadet may be disenrolled only by the Commanding General, ROTC Cadet Command. Paragraph 3-43a(16) states non-scholarship and scholarship cadets will be disenrolled for breach of contract (including the formerly used term willful evasion). (Note: Breach is defined as any act, performance, or nonperformance on the part of a student that breaches the terms of the contract regardless of whether the act, performance, or nonperformance was done with specific intent to breach the contract or whether the student knew the act, performance, or nonperformance breaches the contract). 

c. 
Paragraph 3-49 (Insurance, Medical, and Related Benefits) states an applicant for membership is a student enrolled (but not contracted) during a semester or other enrollment term, in a course that is a part of SROTC instruction at an educational institution. An applicant for membership in or a member of the SROTC Program who suffers an injury, disease, illness, disability or death incurred in the line of duty, while engaged in any authorized ROTC training or performing authorized travel to or from the training site, may be eligible to receive medical care coverage and compensation benefits from either (or both) of the Department of Labor or the Veteran’s Administration (VA). 


2. Section 1556 of Title 10, United States Code, requires the Secretary of the Army to ensure that an applicant seeking corrective action by the Army Review Boards Agency (ARBA) be provided with a copy of any correspondence and communications (including summaries of verbal communications) to or from the Agency with anyone outside the Agency that directly pertains to or has material effect on the applicant's case, except as authorized by statute. ARBA medical advisory opinions and reviews are authored by ARBA civilian and military medical and behavioral health professionals and are therefore internal agency work product. Accordingly, ARBA does not routinely provide copies of ARBA Medical Office recommendations, opinions (including advisory opinions), and reviews to Army Board for Correction of Military Records applicants (and/or their counsel) prior to adjudication. 
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